BHARAT HOTELS LIMITED Vs. UNISON HOTELS LIMITED

JUDGEMENT

(1.) By this order, I propose to dispose of IA No. 2533/2003 filed by the plaintiff in Suit No. 507/2003, under Order 39 Rules 1 & 2 CPC seeking interim injunction to restrain the defendant from using the mark "THE GRAND"/"GRAND" or any other mark or name which is similar to the plaintiffs mark/name THE GRAND/THE GRAND GROUP/GRAND, in relation to any hotel, resort or any business allied and cognate with the plaintiffs hotel and business, thereby resulting in passing off.

(2.) This passing off action has been launched by the plaintiff against the defendant. Both parties are in hotel business. According to the averments in the plaint, the plaintiff company is one of the leading companies engaged in the business of owning, operating, managing and running of hotels all over India. The plaintiff company is engaged in the said business since the year 1988. The plaintiff company, since inception has been well known for its luxury hotels which are located in almost all the major cities in India. The plaintiff company is Bharat Hotels Limited but it has adopted the mark/name the "THE GRAND" and "GRAND" as its trade mark, trade name, service mark, house name and group name. The said words 'GRAND' and 'THE GRAND' in conjunction with other words have been used by the plaintiff in relation to all their hotels in India. The following is the list of the hotels run by the plaintiff company along with the dates of the establishment of the same:- 1. The Grand Palace, Srinagar 1.4.1998 2. Grand Intercontinental, New Delhi 12.10.2001

(3.) Grand Ashok, Bangalore 29.11.2001